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(영문) 수원지방법원 성남지원 2016.11.17 2016고단2721
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 5, 2007, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Sung-nam branch of Suwon District Court on November 5, 2007, and a summary order of a fine of two million won for the same crime in the same court on May 21, 2007.

On September 3, 2016, at around 07:11, the Defendant driven a vehicle B-Fishing in the state of alcohol alcohol concentration of approximately 0.085% from the bus parking lot in front of the Singu-dong Sinung-dong Mari-dong Maridong, to the 41 knife-ro 136 knife-ro Mari-dong Mari-dong Mari-dong Mari-dong Mari-dong 41 knif.

Accordingly, even though the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (attached to summary orders);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (in light of the fact that the suspension of execution is against one another, and the previous crime of drinking is old);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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